Decision Requires Employers to Conduct Evaluation to Identify Hazards

CHARLESTON, W.Va. -- A recent West Virginia high court decision recognized a deliberate intent action in the presence of a violation of a statute, rule, regulation or standard that states a 'specific identifiable duty' on a plaintiff's employer. Ryan v. Clonch Industries, No. 33001 (W.Va. Sup. Ct.).

The Oct. 27 West Virginia Supreme Court opinion effectively requires West Virginia employers to perform a reasonable evaluation in order to identify potential hazards in work environments, sources told HarrisMartin.

'Based on the foregoing discussion, we now hold that the violation of a statute, rule, regulation or standard is a proper foundation for …